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7.6.2022 |
EN |
Official Journal of the European Union |
C 222/27 |
Judgment of the General Court of 6 April 2022 — Cilem Records International v EUIPO — KVZ Music (HALIX RECORDS)
(Case T-118/21) (1)
(EU trade mark - Opposition proceedings - Application for EU word mark HALIX RECORDS - Earlier national word and figurative marks HALIX RECORDS - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Rule 19(1) and (2) of Regulation (EC) No 2868/95 (now Article 7(1) and (2) of Delegated Regulation (EU) 2018/625))
(2022/C 222/45)
Language of the case: German
Parties
Applicant: Cilem Records International UG (Augsburg, Germany) (represented by: E. Hecht, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: KVZ Music Ltd (Sofia, Bulgaria) (represented by: D. Stechern, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 January 2021 (Case R 1060/2020-4), relating to opposition proceedings between Cilem Records International and KVZ Music.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Cilem Records International UG to bear its own costs and to pay those incurred by EUIPO; |
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3. |
Orders KVZ Music Ltd to bear its own costs. |